May 10, 2019 – Congratulations to Amy DeLisa, Amy Forbis and the rest of the BB&L team for a defense verdict in favor of their clients, a physician and his practice group. The case centered on an allegation that the defendant anesthesiologist failed to appropriately assess and manage the patient’s aspiration risk, resulting in her death. After a one and one-half week trial, the jury returned a verdict in favor of the defendants. (Clark County Superior Court, Case No. 17-2-02162-1).

Rhianna M. Fronapfel has been elected to membership in the Federation of Defense and Corporate Counsel Bybbladmin| Success|
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May 9, 2019 – Congratulations to Rhianna Fronapfel for being recently elected to join the Federation of Defense and Corporate Counsel (FDCC). FDCC Membership is limited, selective, and by nomination only. There are slightly over 1400 members and includes members from each of the United States, Puerto Rico, Australia, Canada, and Europe. FDCC is an organization comprised of “recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits”. Rhianna joins William “Bill” Leedom who has been an FDCC member for over 30 years.

Elizabeth A. Leedom has been invited to serve on The University of Washington, Department of Medicine’s Oversight Committee for the Collaborative Accountability & Improvement Bybbladmin| Success|
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March 8, 2019 – We are pleased to announce that Dr. Virginia Broudy, Professor and Interim Chair, Department of Medicine, University of Washington, has invited Elizabeth Leedom to serve on UW Medicine’s Oversight Committee for the Collaborative for Accountability and Improvement. The Collaborative, led by Dr. Thomas H. Gallagher, is recognized as a formal program of UW Medicine. Its mission is to accelerate the spread of Communication and Resolution Programs (CRPs) to healthcare institutions everywhere. The Collaborative brings together CRP innovators and respected leaders in healthcare, law and patient advocacy to support effective implementation and ongoing improvement of CRPs through training, shared learning and advocacy. Committee Members were invited to join because of their familiarity with the Collaborative and the CRP concept and because of their key leadership roles within UW Medicine. Elizabeth was invited due to her deep content knowledge of CRPs, her long history of defending UW Medicine in professional liability claims, reputation in the legal community, and her external perspective.

May 7, 2018 – This past weekend, Jennifer Moore was inducted into the Litigation Counsel of America (LCA). LCA is an invitation only honorary society established to reflect the new face of the American bar. Fellows of the LCA are evaluated for their effectiveness and accomplishment in litigation, trial work, and overall ethical reputation. LCA’s membership represent one-half of one percent of American lawyers with its limited membership held at 3,500 members. Jennifer joins three of BB&L Shareholders as LCA Fellows: Amy Forbis, Elizabeth Leedom, and William Leedom. We are very fortunate to have leading trial lawyers serving our clients. As a firm with a majority of women lawyers, we take seriously our responsibility to mentor the next generation of diverse and inclusive trial lawyers.

January 25, 2019 – Congratulations to Bruce W. Megard, Eric R. Byrd and the rest of the BB&L team for a defense verdict in favor of their client, a defendant medical center. The case centered around a claim of medical negligence for the acts of the medical center’s emergency department physician and physicians assistant for treatment rendered to a patient on two separate dates. Plaintiff, the executor of the patient’s estate, alleged that the medical center, by and through its employees, failed to diagnose the patient’s meningeal infection and treat with admission, intravenous antibiotics and surgical intervention, which caused her death. After a three-week trial, the jury returned a verdict in favor of the medical center. (Spokane County Superior Court, Case No. 12-2-00325-9)

January 3, 2019 – The Shareholders of Bennett Bigelow & Leedom P.S. are proud to announce the election of Rhianna M. Fronapfel as a Shareholder.

Effective January 1, 2019, Rhianna Fronapfel is a new Shareholder at BB&L. Rhianna joined the firm in 2012 as an Associate Attorney, and has since developed a practice focused on the defense of healthcare providers and facilities in medical liability litigation. She has not only an active trial practice but a growing appellate practice as well. She has argued cases a number of times before the Washington Court of Appeals, and has briefed matters on behalf of her clients, and on behalf of amicus parties, before the Washington Supreme Court. Rhianna is also privileged to teach the medical malpractice course at the University of Washington School of Law, and frequently presents to provider and administrator groups on topics related to medical liability. Before joining the firm, Rhianna served as a Law Clerk for The Honorable Stephen J. Dwyer, Washington Court of Appeals, Division I, and was employed for several years at another litigation firm in Seattle, working on various complex trial and appellate matters related to personal injury, education, employment, and constitutional law. Rhianna earned her J.D. from the University of Washington School of Law in 2006. Rhianna’s addition as a Shareholder will continue the firm’s ability to serve our clients.

July 2, 2018 – BB&L Shareholder Amy Forbis with Associate Attorney Jenny Churas defended a medical institution in a medical negligence case involving allegations against the obstetrics providers and the hospital claiming a failure to meet the standard of care with a Trial of Labor After Cesarean Section delivery and failure to obtain informed consent for the treatment plan, which resulted in injury to the baby during the delivery. After a multi-week jury trial, the jury returned with a verdict in favor of both the providers and the hospital. (Pierce County Sup. Ct. No. 16-2-07212-2)

October 18, 2018 – Congratulations to Bruce Megard, David Norman, and the rest of the BB&L team for their defense verdict in favor of their client, a defendant medical center. The case centered around a claim of medical negligence based on the alleged failure to deflate a Foley catheter balloon before withdrawing the catheter from a patient. Plaintiff, the executor of the patient’s estate, alleged that the removal caused permanent urethral injury, permanent neurogenic bladder, and sexual dysfunction in the patient. (King County Sup Ct. No. 17-2-18430-6 SEA)

October 9, 2018 – Congratulations to Elizabeth “Liz” Leedom, who was presented with Washington Defense Trial Lawyer’s (WDTL) Outstanding Defense Trial Lawyer Award presented at their 2018 event that honors the Judges of Washington for their significant contributions to the legal community. In receiving this award, Liz was recognized for promoting the highest professional and ethical standards for Washington civil defense attorneys and is viewed as an individual who promotes collegiality, professional decorum and the utmost ethical standards while practicing supreme advocacy for her clients.

September 5, 2018 – Congratulations to William Leedom and David Norman, and the rest of the BB&L team, for their defense verdict in favor of their client, a defendant medical center. The case centered around a claim of medical negligence against a board certified cardiac surgeon for temporarily losing a small surgical needle in the patient during a successful and complex multi-hour heart operation in December 2014. The needle was discovered to be in the patient during the operation, but it could not be retrieved by the surgeons. The medical consensus from the patient’s providers, including specialists providing second opinions, was that the risks of surgical intervention to remove the needle far outweighed any potential benefit of removing the needle, and that the needle was not going to change position or cause any physical harm to the patient.

Trial began August 27, 2018 before the Honorable Mary Roberts in King County Superior Court. The jury returned a verdict for the defendant medical center on September 5, 2018, concluding that the defendant met the standard of care. (King County Sup. Ct. No. 27-2-08438-7 SEA)

August 20, 2018 – Congratulations to Bruce Megard, David Norman, and the rest of the BB&L team for their judgment as a matter of law in favor of their client, a defendant medical center. The case centered around a claim of medical negligence against a board-certified Otolaryngologist for allegedly negligently transecting the patient’s facial nerve during a complicated revision neck dissection for recurrent papillary thyroid carcinoma.

Trial began August 13, 2018 before the Honorable Karen Donohue in King County Superior Court After the plaintiff rested, Bruce and David’s client moved for judgment as a matter of law on the basis that plaintiff’s expert failed to provide sufficient evidence upon which a reasonable jury could find liability against defendant. Judge Donohue agreed with Bruce and David, and granted the motion on August 20, 2018, dismissing plaintiff’s claim. (King County Sup. Ct. No. 17-2-13370-1 SEA)

April 6, 2018 – BB&L shareholder Bruce Megard defended a local hospital in a medical negligence case involving allegations against the emergency department provider and the hospital claiming that there was a failure to diagnose a pulmonary embolism, which resulted in the patient’s death. After a multi-week jury trial, the jury returned with a verdict in favor of both the provider and the hospital. (King County Sup. Ct. No. 16-2-09432-5 KNT)

August 7, 2018 – Congratulation to Elizabeth “Liz” Leedom who was nominated by the Washington Defense Trial Lawyers (WDTL) to serve on the Washington Pattern Instructions Committee. Liz was informed on August 7, 2018 by Washington Supreme Court Chief Justice Mary Fairhurst that her appointment was confirmed and would run through July 15, 2022. Liz is a longtime member of WDTL and is honored to continue her service to both the overall community and the legal profession.

April 19, 2018 – We are pleased to recognize Amy Forbis’s induction into the International Society of Barristers.Amy was elected a fellow on October 5, 2017 and inducted at their 2018 Annual Meeting in London, England.According to its website: “Membership in the International Society of Barristers is extended to advocates of exceptional talent whose qualities including integrity, honor, and collegiality embody the spirit of the true professional. Membership is by invitation only after rigorous screening process involving lawyers and judges to identify trial lawyers who meet its standards.”

June 12, 2017—BB&L President and Co-Managing Director Bruce Megard has accepted an invitation to become a member of the American Board of Trial Advocates (ABOTA). BB&L is pleased to add Bruce to its list of attorneys accepted to this prestigious national organization. Congratulations, Bruce!

June 10, 2017—BB&L would like to congratulate the attorneys named to this year’s Super Lawyers, Best Lawyers and Rising Stars lists. Each of these attorneys has done an excellent job representing BB&L’s practice this past year. Excellent job, everyone! Please read on for a list of all recognized attorneys.MORE

May 26, 2017—Congratulations to Bruce Megard, Rhianna Fronapfel, and the rest of the BB&L team for their recent verdict in favor of their client, a defendant medical center. The case centered around alleged medical negligence by two physician employees of the medical center involving complications from a procedure to treat a vascular malformation.MORE

Following a two-week trial in King County Superior Court before the Honorable Beth Andrus, the jury found in favor of the medical center, concluding that the physician employees met the standard of care with respect to their care and treatment of the plaintiff.

May 11, 2017 – In a case involving wrongful death claims by the parents of a deceased five-month-old infant, shareholder Elizabeth A. Leedom and associate Erin C. Seeberger secured a voluntary dismissal of all claims shortly before trial. Trial was scheduled to begin May 30, 2017.MORE

Liz and Erin were prepared to defend the interests of our client in what would have been a four-week trial with nearly 30 witnesses expected to testify. In a surprising turn of events, plaintiffs elected to dismiss the case in its entirety. Congratulations to Liz and Erin on the best possible result for our client.

The WDTL’s brief focused its analysis on defending Washington’s historical fidelity to the “but for” standard as the appropriate standard in medical negligence and loss of chance cases, and cautioned the Court against replacing it with the “substantial factor” standard. The application of the defense-adverse “substantial factor” standard would lower the bar to introduce speculative expert testimony, require a jury’s conjecture regarding proximate causation, and expose defendant medical care providers to a lower burden of proof. The WDTL briefing also referenced persuasive authority from Courts around the United States to encourage the Supreme Court to hold patients accountable for failing to abide by a health care provider’s instructions regarding follow-up care, and to allow such evidence as a basis for the affirmative defense of contributory negligence. Ultimately, the Supreme Court agreed with WDTL’s analysis, and held in favor of the defense to: (1) uphold the application of the “but-for” standard of causation to loss of chance claims, and (2) allow evidence of a patient’s failure to follow a provider’s instructions on follow-up care as proof of comparative fault. For more information about this decision, please see our client alert.